Scribd Logo
Upload

Welcome to Scribd!

  • 260 views

    Week3 Notes Civil Procedure

    Uploaded by

    Jamie Hamilton
    This document provides an overview of topics and questions to be covered in a seminar on instituting proceedings and summary/default judgments. It includes required readings from textbooks and legislation. Questions cover circumstances for obtaining a default judgment, setting aside a default judgment, problems with the default system, the process for summary judgment applications, amending pleadings, principles governing amendments/adjournments, requirements for establishing abuse of process, how delay can constitute abuse, and whether a legal representative can be involved in abuse of process based on a case summary and judgment.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Flag for inappropriate content

    You might also like

    Week3 Notes Civil Procedure

    Uploaded by

    Jamie Hamilton
    260 views1 page
    This document provides an overview of topics and questions to be covered in a seminar on instituting proceedings and summary/default judgments. It includes required readings from textbooks and legislation. Questions cover circumstances for obtaining a default judgment, setting aside a default judgment, problems with the default system, the process for summary judgment applications, amending pleadings, principles governing amendments/adjournments, requirements for establishing abuse of process, how delay can constitute abuse, and whether a legal representative can be involved in abuse of process based on a case summary and judgment.

    Original Description:

    Civil Procedure and Arbitration week 3 content notes

    Original Title

    Week3 Notes Civil procedure

    Copyright

    © © All Rights Reserved

    Available Formats

    ODT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document provides an overview of topics and questions to be covered in a seminar on instituting proceedings and summary/default judgments. It includes required readings from textbooks and legislation. Questions cover circumstances for obtaining a default judgment, setting aside a default judgment, problems with the default system, the process for summary judgment applications, amending pleadings, principles governing amendments/adjournments, requirements for establishing abuse of process, how delay can constitute abuse, and whether a legal representative can be involved in abuse of process based on a case summary and judgment.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as odt, pdf, or txt
    260 views1 page

    Week3 Notes Civil Procedure

    Uploaded by

    Jamie Hamilton
    This document provides an overview of topics and questions to be covered in a seminar on instituting proceedings and summary/default judgments. It includes required readings from textbooks and legislation. Questions cover circumstances for obtaining a default judgment, setting aside a default judgment, problems with the default system, the process for summary judgment applications, amending pleadings, principles governing amendments/adjournments, requirements for establishing abuse of process, how delay can constitute abuse, and whether a legal representative can be involved in abuse of process based on a case summary and judgment.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as odt, pdf, or txt
    of 1

    WEEK 3

    Topic: Instituting Proceedings/ Summary and Default Judgment


    Required reading for this seminar: Colbran textbook pp 53!! and chapter "# pages 5535$%&
    'C(R (art "3 on summar) *udgment+ (art "! on default *udgment+ part "$ on amendment
    Civil Procedure Act 2005 ,-.W/ ss 5!50+ s !% and s $$&
    1ook up Ashby v Commonwealth of Australia ,no %/ 2#3"#4 5C6 "%"" 2"0#42#3#4 7see question
    ,5/ belo8&
    9uestions
    1) Under what circumstances could you obtain a default *udgement under UCP Pt 1!" #n what
    grounds could a default $udgment be set aside" %ow would you go about doing this" National
    Australia Bank Ltd v Singh, Mearns v Willoughby Community Preschool Inc &hat are the
    'roblems inhibiting defendants with the o'eration of the default system! (Colbran p 55: ff/
    )) In an a''lication for summar) *udgement what is the 'rocess" See "lover v #oche *)++,-
    .C/SC 10 (Colbran ' 121ff)3 Consider the situation where summary $udgement is sought on the
    basis of limitation issues" UCP Pt 1, Cubillo v Common$ealth (1000) 1!, .4 ,01 (Colbran
    Ch 1+ ' 125 ff)
    ,) In what manner and at what stage of 'roceedings could you see6 to ha7e pleadings amended"
    &hat general 'rinci'les go7ern the e8ercise of the courts discretion to 'ermit an amendment or
    an ad$ournment" %ueensland v &L 'oldings Pty Ltd (1002) 191 .4 ,1, &hat is the effect of
    the decision in Aon #isk Services Australia Limited v Australian National (niversity *)++0-
    %C. )2 and Cement Australia Pty Ltd v ACCC ()+1+) )2, .4 1923 Com'are these cases to the
    decision in Sali v SPC Ltd3 (Colbran p 53 ff/
    /he general 'rinci'le which go7erns 'leading amendments is that of o7erriding 'ur'ose
    (/:;/<##= 'g 1+)3 /he o7erriding 'ur
    9) &hat are the re>uirements for establishing the procedure of an abuse of process" Williams v
    S)aut* (Colbran ' 159 ff)3 %ow can dela) constitute an abuse of 'rocess" Batistatos v #oads
    and +ra,,ic Authority o, NSW (Colbran ' 150 ff)
    1) ead the summary of the $udgment of ares J in Ashby v Common$ealth o, Australia (no 9)
    *)+1)- ?C. 1911(1) December )+1)) and 'aragra'hs *15)-@ *)+)-3 Can a legal representati;e
    be in;ol;ed in an abuse of process< &as Williams v S)aut* a''lied in this case" (see
    'aragra'hs *1),-@*1)9-)

    You might also like